Hamlin v. . Sears
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. The mere silence of the owner, after his property has been taken by a trespasser, will not in law amount to a ratification and adoption of the unlawful act.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. The nature of the action and the facts are set forth sufficiently in the opinion. The mere silence of the owner, after his property has been taken by a trespasser, will not in law amount to a ratification and adoption of the unlawful act. (2 Greenleaf on Evidence, § 67; Thompson v. Craig, 16 Abb. [N. S.] 32; Story on Agency, § 251; 2 Kent, 616, note 1 [12th ed.]; Wilson v. Lumman, 6 Mann. & Gr.…
1Opinion of the CourtEarl, J.
This action was brought for the conversion hy the defendants of a quantity of barley which, at the time, belonged to Daniel Stanley, the assignor of the plaintiff. The defendants, in their answer, admit that Stanley owned the barley, but allege that they purchased it of Charles H. Marsh, who had full power and authority to sell it.
Upon the issue thus made, the referee found against the defendants. The General Term did not disturb the findings of facts; and wo are, therefore, only to inquire whether the referee erred as to the law applicable to the facts found, or to such facts as ought to…
2Cited by45 opinions
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- Plumb v. CurtisSupreme Court of Connecticut · 1895
- In Re the Accounting of O'DonnellNew York Court of Appeals · 1925
- Soma v. HandrulisNew York Court of Appeals · 1938
- Armour & Co. v. CelicCourt of Appeals for the Second Circuit · 1961
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